Before naturalizing as an American citizen, the U.S. government will want to know if someone is a person of “good moral character.” A person of good moral character doesn’t knowingly cause harm, and we can assume they don’t wish to cause others great harm. This kind of person is a positive addition to the American population. Anyone who wishes to naturalize as a citizen must show that they have been a person of good moral character for the five years prior up through swearing the Oath of Allegiance. However, certain behaviors can bar someone from having good moral character.
“Good moral character” is the avoidance of certain behaviors.
Good moral character is shown through behavior, not personality. It’s not having a bad day or making a mistake. Specifically, 8 USC §1101(f), the law tells us what kinds of behaviors and activities tell the U.S. government that someone does not have good moral character and what can bar them permanently or conditionally from establishing good moral character. In addition, the law states that a habitual drunkard, a person who possessed more than 30 grams of marijuana, has committed certain severe human rights violations, who has made their income from illegal gambling and/or has been convicted at least twice of illegal gambling, and anyone who has lied under oath about their character for immigration purposes, etc.
Crimes Involving Moral Turpitude:
There is no list of crimes involving moral turpitude, but generally, any crime knowingly committed that would shock society due to its aptitude is considered a crime of moral turpitude. For example, arson is the crime of setting a fire illegally. A conviction for such crimes can be a conditional or a permanent bar to establishing good moral character.
Bars to Good Moral Character:
Certain crimes, like murder and child pornography, will keep an immigrant from ever establishing good moral character no matter when they occurred. However, conditional bars are not permanent and relate to crimes that are not as serious and did not occur during the five years leading up to naturalization. Hence, retaining a Los Angeles citizenship attorney to help you navigate legally to becoming a U.S. citizen, if you have any criminal record in California or elsewhere in the United States.
The Law Office of Finnegan & Diba is a leading immigration law firm in Los Angeles, ready to help you navigate the very complex immigration process. For further information or to schedule a consultation with one of our expert Los Angeles immigration lawyers, please contact The Law Office of Finnegan & Diba at (213) 480-0292 or visit www.FDLegal.com to learn more.
